Overviews of Lyons Partnership v Ted Giannoulas Free Essay Example, 3500 words

In Lyons Partnership V. Ted Giannoulas case, the district court ruled that there was no evidence sufficient to sustain a consumer-confusion case. This was reached after it was ruled that the defendant s use of barney-like mascot was a parody. In addition to dismissing the case, the court further awarded attorney s fees to the defendant. As a result, the plaintiff appealed to have both decisions overturned at the Appeals Court. Even though Lyon fiercely contested the decision by the district court, the rule at the Apeals court was no different. The judges reasoned that the use of the Barney-like mascot as purely parody and termed Lyons argument as meritless. Andrew Brown was a professional athlete who had sought the services of one Robert Woolf who happened to be both a sports agent and an attorney. The plaintiff sought punitive damages, compensatory as well as an imposition of a particular trustee fee. Apparently, the defendant had received money on behalf of the athlete but justif ied it to be his for the services offered. In 1983, a district court in Indiana was the first place the parties took the case where it was argued for some time. We will write a custom essay sample on Overviews of Lyons Partnership v Ted Giannoulas or any topic specifically for you Only $17.96 $11.86/page This is because there lacked evidence to prove that both parties had agreed on how the agent was to negotiate with other clubs. The court reasoned that there were credibility issues on the part of the agent. Similarly, there was no sufficient proof for a trial concerning misrepresentation.

Racial Discourse in the Film 8 Mile Directed by Curtis Hanson

The film 8 Mile, directed by Curtis Hanson, is the typical American story of struggle and the eventual overcoming of obstacles and evil. Upon closer look, the film is arguably a socioeconomic and racial discourse. It focuses on the ascension of Marshall Mathers into the rap industry, previously dominated by African-American males. Rabbit’s race, gender, and class, all contribute to his identity and the meaning of the film, as well as contributing to Eminem’s image. Several themes are defined through the movie’s underlying discourse of race and class: the commodification of black culture, racial opposition, â€Å"passing†, cross-cultural bonding, white heroism and white masculinity, the reversal of white privilege into a disadvantage, and†¦show more content†¦The film starts with a black screen before Eminem’s white face appears. Jimmy lives on the opposite side of 8 Mile Road, which separates him from the urban blacks, and makes him a privi leged suburban white. His mission in this movie to cross that literal and psychological border (8 Mile Road) and become accepted as a rapper despite his skin color. It is argued that Rabbit’s character is a tourist who ventures into black culture, and on the way, masters their art and dominates their industry (Jennings 2008). Therefore, Eminem, and the director Curtis Hutton, white people writing about an African-American dominated industry, have now commodified the culture (Jennings 2008). This translates to Eminem’s career and his success in the industry. But Eminem’s success is ultimately due to his ability to encompass the characteristics of black culture while maintaining his position as a white male: â€Å"affiliations with black masculinity provide cultural acceptance and authenticity, which fuel his entry into hip-hop culture. White masculinity provides mobility, ambivalence from white audiences, and commercial success† (Dawkins 465). Therefore b y â€Å"walking† the spaces between black and white masculinity and never committing to one, he masters the industry. Somehow he uses both racial characterizations as privileges (Dawkins 464-465). According to Eric King Watts, Eminem uses his passage into a â€Å"dark† or black world (the

Essay on Hurricane Devastation Of Hurricane Katrina Essay Example For Students

Essay on Hurricane Devastation Of Hurricane Katrina Essay Hurricane KatrinaHurricane Katrina was the most expensive hurricane that hit the United States ever. The hurricane was the third strongest of the season, behind both Hurricane Wilma and Rita. The hurricane was the third strongest of the season, behind both Hurricane Wilma and Rita.Early in the morning on August 29, 2005, Hurricane Katrina struck the Gulf Coast of the United States. When the storm made landfall, it had a Category 3 rating on the Saffir-Simpson Hurricane Scale–it brought sustained winds of 100–140 miles per hour–and stretched some 400 miles across. The storm itself did a great deal of damage, but its aftermath was catastrophic. Levee breaches led to massive flooding, and many people charged that the federal government was slow to meet the needs of the people affected by the storm. Hundreds of thousands of people in Louisiana, Mississippi and Alabama were displaced from their homes, and experts estimate that Katrina caused more than $100 billion in damage.Hurricane Katrina: Before the Storm The tropical depression that became Hurricane Katrina formed over the Bahamas on August 23, 2005, and meteorologists were soon able to warn people in the Gulf Coast states that a major storm was on its way. By August 28, evacuations were underway across the region. That day, the National Weather Service predicted that after the storm hit, â€Å"most of the Gulf Coast area will be uninhabitable for weeks†¦perhaps longer. † New Orleans was at particular risk. Though about half the city actually lies above sea level, its average elevation is about six feet below sea level–and it is completely surrounded by water. Over the course of the 20th century, the Army Corps of Engineers had built a system of levees and seawalls to keep the city. .ver the Crescent City Connector bridge to the nearby suburb of Gretna, but police officers with shotguns forced them to turn back.)Katrina pummeled huge parts of Louisiana, Mississippi and Alabama, but the desperation was most concentrated in New Orleans. Before the storm, the city’s population was mostly black (about 67 percent); moreover, nearly 30 percent of its people lived in poverty. Katrina exacerbated these conditions, and left many of New Orleans’s poorest citizens even more vulnerable than they had been before the storm.In all, Hurricane Katrina killed nearly 2,000 people and affected some 90,000 square miles of the United States. Hundreds of thousands of evacuees scattered far and wide. Today, after years of recovery and rebuilding efforts, people along the Gulf Coast have made great strides in returning to life as usual even as they continue to rebuild.

Satellite radio XM versus Sirius Essay Essay Example

Satellite radio: XM versus Sirius Essay Paper Sirius Satellite Radio Inc ( ab initio called Satellite CD Radio ) was one of the two initial participants in the orbiter wireless industry created by two passionate cats David Margolese and Robert Brckman back in 1997 in Canada. The 2nd participant in the industry was XM Radio. backed by AMS Corp. . and Hughes Electronic ( a subordinate of GM ) . Market state of affairs for both companies was similar. but Sirius someway fell a few stairss behind XM Radio. therefore I will analyse in peculiar jobs of and chances for Sirius Satellite Radio Inc. 1. ProblemsA job for Sirius every bit good as for XM was immense initial investings. All sums in this instance are with six figures and had to be invested without backup of powerful investors. Clear informations on Sirius initial investings are non available. but they can be derived from the competitor’s expenditures in the same country. Another common job for both rivals is the competition with tall free wireless ( FM AM ) ; Internet wireless ; satellite Television and overseas telegram systems. who provided wireless services every bit portion as their digital bundle for free. It is hard to carry a regular hearer to buy a service. which is already provided for free in good quality. We will write a custom essay sample on Satellite radio: XM versus Sirius Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Satellite radio: XM versus Sirius Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Satellite radio: XM versus Sirius Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A major job for Sirius was the broadcast medium hold for 2 old ages due to proficient jobs. Sirius started airing 9 months subsequently so XM started to offer its service nationally. XM launched initial ad run ( $ 100mil ) and collected most of initial clients by the terminal of 2002 ( 347 vs. 30 1000 ) . After come ining the market Sirius offered service for a higher monetary value of $ 12. 95 vs. $ 9. 95 for XM. No explanatory ad run took topographic point to explicate to possible consumers the grounds for monetary value difference. Income was largely generated from the subscription fees – 85 % of entire income. because of the ads-free music channels. This can be perceived as a asset or subtraction. On the one side endorsers are willing to choose music channels free from ads on the other side the company looses money it could roll up from airing advertizements. Unfavorable concern understanding conditions with auto manufacturers and traders ( ab initio dealer installed option vs. mill installed significance that client has to bespeak and pay to boot for Sirius wireless set. besides subsequently non sufficient sum of mill installed Sirius auto wireless sets ) . Sirius chipsets required to pick up signal are more expensive than XM’s. hence bigger subsidies to auto manufacturers are required from the Sirius’ side ( portion of the unfavourable footings of the understanding ) . Initially Sirius did non supply place wireless equipment thereby losing 37. 3- 47. 3 % wireless possible wireless endorsers. After supplying wireless sets for places the most popular still remained XM wireless Delphi XM SkyFi. Sirius Radio channels did non cover Latin-American ( XM had 5 channels ) and African American ( reggae ) audience. This besides resulted in the loss of possible endorsers. 2. Recommendations and alternativesSirius could unify with XM and carry on as one joint company. for illustration Sirius XM. provided it is permitted by FCC and NAB under the applicable competition ordinances. A new company of joint ownership could be set up ( owned by Sirius and XM ) . which would have the proficient equipment. such as orbiters and web of tellurian repeaters. Then both companies could lease transmittal frequences form this 3rd company. It decidedly could salvage 100s of 1000000s for both rivals and they could still stay independent and viing with each other. As an extra money salvaging activity could be a cooperation with cell phone service suppliers utilizing their web coverage equipment to cover zones. which are hard to entree geographically. Situation for Sirius could be well improved by specifying the orbiter wireless mark market and merchandise placement in it ; besides it could develop tactical selling program and put pricing harmonizing to the mark audience. As a competitory advantage Sirius could offer service to upload music for MP3 participants played on the wireless every bit good as on petition. There could be possible cooperation with music record companies. for illustration IGM. Sony records etc. Sirius could be as a go-between between record companies and music hearers who are non willing to purchase expensive Cadmiums. but would hold for a little charge download it lawfully through the orbiter wireless. Cooperation could take topographic point besides with personal computing machines manufacturers. so that Sirius orbiter wireless could be listened on Personal computers without extra proficient installings. As one of the offers could be a cheaper initial bundle for the budget audience with a possibility for a little cost to add extra channels. 3. Executions of recommended alternativesI would propose to implement a 2nd recommendation mentioned above – to make a 3rd jointly owned company. My point of position is that it is better to retain two different companies with their typical concern schemes and maintain a healthy competition in the market. because Oklahoman or subsequently other rivals will get. When extra competition arrives the 3rd joint company could ( a ) sell orbiter broadcast medium services to the new rivals thereby cut downing costs for Sirius and XM. or ( B ) diminution supplying this service thereby doing entryway to the market for new rival highly expensive procedure ( it is questionable whether this would be allowed under the competition ordinances ) . To cover the North America merely 2 or 3 orbiters are needed. therefore the 3rd company could spread out to south America. and thereby Sirius could enlarge its audience. After salvaging tremendous sum of money Sirius should concentrate on earnestly specifying the mark market ; merchandise placement in it ; develop tactical selling program and put pricing harmonizing to the mark audience. Implement broad selling program and pass money on research and development of new services and merchandises. Charless w. l. hill and gareth r. Joness. Strategic managemnt 7th edition